LEGAL RESEARCH

By: Atty. Philip John L. Pojas, Ll.M.

1. Define Legal Research

 It is a process of finding laws, rules and regulations that govern activities in

human society.
 It is the investigation for information necessary to support legal decision making.

2. Why is there a need for legal research?

In order to provide competent representation to a client a lawyer must have the legal
knowledge, skill, thoroughness and preparation. This is achieved through legal
research.

3. What are the Sources of Legal Research?

1. Constitution
2. Statutes
3. Court Decisions
4. Administrative Rules
5. Scholarly Commentaries

4. What are the categories of legal literatures in legal research?

 Primary Sources
- Products of legislative actions, codes and statutes.
- Judicial Decisions
- Administrative law or regulations and decisions of government
agencies.

 Secondary Materials – Publications which discuss or analyze legal doctrines.

- Treatises
- Commentaries
- Encyclopedias

 Finding Tools – Finding tools are only a means for locating primary sources.
- SCRA
- PHILJURIS
- LEX LIBRIS
- E Library (supreme court.gov.ph)
- Internet

5. What are the four basic steps in a systematic approach to legal research?

a. Identify and analyze significant facts.

i. Thing or subject matter;
ii. Cause of action or group of defense;
iii. Relief sought;
iv. Persons or parties involved.
b. Formulate the Legal Issues.
c. Research the issues presented.
d. Update
6. Plagiarism

What is plagiarism?
What is intellectual honesty?
What is academic honesty?
In re Del Castillo, A.M. No. 10-7-17-SC, [October 12, 2010], 647 PHIL 122-197)
University of the East v. Masangkay, G.R. No. 226727, [April 25, 2018])